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Senators Clinton and Kerry Submit Open Voting Bill

An anonymous reader writes "DailyKos is reporting that a group of senators and representatives including Hillary Clinton, John Kerrry, and Tubbs Jones, have proposed an 'open-source' voting bill. This bill (The Count Every Vote Act of 2005) corrects many of the problems in the last election. Notably, it requires paper receipts, and that the source and object code of all electronic voting machines to be open and readable by the public. " Commentary on the bill available at the Miami Herald.

31 of 1,037 comments (clear)

  1. Corporate Lobbies vs. Public Interest by smug_lisp_weenie · · Score: 5, Insightful

    Is it just me, or do all politics lately revolve around this same theme?

    Corporate lobbies push for proprietary voting machines, the public interest is for open-source voting machines.
    Corporate lobbies want extensions to patent laws, public interest is to reasonably limit patent protections.
    Corpate lobbies want to DRM everything with legal enforcement, public interest is to have fair use.

    The more explanations I hear as to why corporate lobbying is a necessary evil, the more convinced I become of how much of a negative influence they are having on our society.

    ...but then, on slashdot we're probably all just hopeless libertarians anyway ;)

    1. Re:Corporate Lobbies vs. Public Interest by oirtemed · · Score: 5, Insightful
      Thats why campaign contributions should only be able to be made by those legally able to vote. That would eliminate corporate donations, and if some CEO wanted to put up their own money, it would be more visible. While this doesn't address lobbying in particular, it is a start.

      The best solution would be more Congressional accountability, but that is not so easy to achieve.

    2. Re:Corporate Lobbies vs. Public Interest by Bios_Hakr · · Score: 4, Insightful

      And cap the maximum donation at $1000. Don't allow Bill Gates to be any more powerful than a mid-west farmer. Each of them can drop their $1k and offer their vote, but nothing more.

      --
      I'd rather you do it wrong, than for me to have to do it at all.
    3. Re:Corporate Lobbies vs. Public Interest by Anonymous Coward · · Score: 4, Insightful

      OK but as I understand it the democrats had more campaign funding(George Soros, etc.) than the republicans, and they still lost!

      You're looking at it all wrong. This isn't a Democrat vs Republican thing; this is a Big Business vs Individual thing.

      Both the Democrats and Republicans are very pro big business, because that's where they get their money. If they weren't both chasing after corporate funding, maybe they would do a better job of representing their constituents.

    4. Re:Corporate Lobbies vs. Public Interest by anthony_dipierro · · Score: 4, Insightful

      A tidal wave of well funded speech will drown out the ripples of individual and not so well funded speech.

      What you're saying is that the public is too stupid to find out the best candidate to vote for and vote for him or her; that the public needs to have billions of dollars spent shoving campaign ads in their faces.

      Perhaps you're right, but if you are it really doesn't matter whether or not corporations can donate to politicians, we're screwed anyway.

    5. Re:Corporate Lobbies vs. Public Interest by MrLint · · Score: 3, Insightful

      Actually I dont recall the constitution laying out groups as a protected class that inherit the rights of their members.

      Only actual individuals have rights, any other artificial conglomerate has privileges that we as the people grant upon them, and can revoke at will, if they are not living up to the responsibilities of those privileges.

      Claiming a group inherits the 'rights' of the individuals is not only folly but dangerous. You would have to explain why a group doesn't have the 'right' to bear arms, for instance. If a group inherits the 'right' of freedom of speech, it logically follows that it can exercise all the right granted to its member individuals.

      So please ponder the consequences of your assertion, and I hope you can still sleep at night.

    6. Re:Corporate Lobbies vs. Public Interest by savi · · Score: 3, Insightful

      "but they won't do that cause compromising means dealing with the ignorant unwashed masses."

      Actually, we won't compromise because we have principles and moral values.

      Example: Gay people deserve rights the same as any other citizen. I'm unwilling to compromise. If that's out of tune with the rest society - oh well. Being an abolitionist was out of tune with society at one point, too.

      As a liberal (who tends to vote Democratic Party), I vote based on what I believe is right - not on what I believe is the most likely to win over the majority of Americans. If the majority of Americans aren't willing to support women, workers, gays, and minorities, I'm not going to respond and say "oh well, then we'd better not support their rights either."

      When the Democrats "compromise" - what are they? Republicans.

    7. Re:Corporate Lobbies vs. Public Interest by mankey+wanker · · Score: 4, Insightful

      Don't fall into the rhetorical trap people (although some of you have made very excellent points dancing around the issue slightly).

      Corporations are not only not individuals, they are also not even groups! Corporations are legally created entities to themselves that are given certain fictional legal rights to operate AS IF they were a person. Yes, coincidently, most corporations are run by groups of people - none of whom are the corporation itself. In fact, that's the point of it for most people: limited liability through a fictitious front called a corporation.

      You see, individuals have rights to free speech. Individuals even have the right to lie - not to perjury, but common lying is perfectly reasonable and protected behavior.

      Corporations by contrast can be regulated even to the point of destruction because they are legal fictions in the first place. They have no such right to free speech. They have no right to lie. They don't even have a right to exist unless we as a people allow them to exist.

      Let's get that all down before we start talking nonsense.

    8. Re:Corporate Lobbies vs. Public Interest by Dun+Malg · · Score: 4, Insightful
      I agree, the construct 'group' doesn't exist in the Constitution as far as I know. But then again, the Supreme Court has been able to find non-existing language in the Constitution before, so it may very well be introduced by judicial fiat.

      When it comes to constitutional rights, language doesn't need to exist in order for a right to be protected. Bill of Rights, 9th Amd basically says "Just because we didn't choose to write it down here does not mean the right does not exist". Strict Constructionists seem to always forget the 1st and 9th Amendments, but then the Loose Interpretationists always ignore the 2nd and the 10th....

      --
      If a job's not worth doing, it's not worth doing right.
    9. Re:Corporate Lobbies vs. Public Interest by MixmastaKooz · · Score: 3, Insightful

      There were a few in the U.S.....

      (From the Democratic Socialist website)
      As the Socialist Party's standard-bearer twelve years later, [Eugene Debs] won nearly a million votes, some 6 percent of the total. In some states, such as Oklahoma, Washington, and California, the Socialist share of the vote climbed into the double digits. Over the same twelve-year period, the Socialist Party expanded its membership from 10,000 to nearly 120,000. Twelve hundred of these Socialists were elected to public office across the United States, including mayors from Flint, Butte, and Berkeley.

      Representative Sanders from Vermont was also a socialist I believe (but this is a modern example and not as valid as socialists elected at the last turn of the century...)
      (Especially late 19th and early 20th before 1918, socialist and communist are almost interchangable and not to be confused with Bolsheviks)

  2. voting reform by liquid+stereo · · Score: 5, Insightful

    This won't happen. For one, it makes too much sense. But, the biggest reason why it won't happen is because the government has been bought and the owners like what they have.

  3. Re:hand count more accurate? by Mr.+Slippery · · Score: 3, Insightful
    And why why why do people keep thinking that a hand count done by humans would be more accurate than a machine count?

    Maybe Florida 2000? Where the input method could be more accurately parsed by humans than by machines?

    The advantage of a hand count is that if you don't trust it, you can repeat it yourself, or have someone you trust do it. With a machine count, you have only the machine vendor's assurance.

    --
    Tom Swiss | the infamous tms | my blog
    You cannot wash away blood with blood
  4. Re:hand count more accurate? by SimGuy · · Score: 3, Insightful

    It's not a problem of the machine miscounting. Part of the concept involved here is to allow us to be sure the machine is not intentionally lying about the results.

    --
    I don't care, but don't let that stop you from trying to tell me anyway.
  5. Re:I agree with Kerry & Clinton? by Daniel+Dvorkin · · Score: 5, Insightful

    This is an area where reasonable people of all political persuasions ought to be able to come to an agreement. Based on your comment, I'm guessing that you're a conservative and I'd probably disagree with at least three-quarters of your beliefs -- but the one thing we can almost certainly agree on is that every eligible voter who wants to vote should be able to do so in a way that guarantees that vote is counted. We may argue all day about policy, but the mechanisms by which that policy is created and enacted must be trustworthy if that policy is to be anything more than the whim of a few autocrats.

    So, what Democrats, Republicans, Libertarians, Greens, independents, and, hell, I don't know, Prohibitionists and Natural Law believers all ought to ask themselves is: if anyone, of any party or stripe, opposes this -- what possible reason can they have for such opposition; or whether, what reason that does not mark them as irredeemably evil?

    --
    The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
  6. Re:please by Fjornir · · Score: 4, Insightful

    Pick up the god-damned phone and call your congressman, and both of the senators from your state. Fax them and email them as well. Then write and sign paper letters. Mail them.

    --
    I want a new world. I think this one is broken.
  7. Re:They just can't let it die, can they? by Waffle+Iron · · Score: 4, Insightful
    The putative reasoning for going with electronic systems was likely that since we have managed to design accountable and reliable electronic and computing equipment for the management of our power, medical care, money, etc., it likely was more or less assumed by the legislature that such accountable systems could also be applied to voting.

    That reasoning is flawed, as Bruce Schneier explains here:

    Some have argued in favor of touch-screen voting systems, citing the millions of dollars that are handled every day by ATMs and other computerized financial systems. That argument ignores another vital characteristic of voting systems: anonymity. Computerized financial systems get most of their security from audit. If a problem is suspected, auditors can go back through the records of the system and figure out what happened. And if the problem turns out to be real, the transaction can be unwound and fixed. Because elections are anonymous, that kind of security just isn't possible.
  8. Re:I agree with Kerry & Clinton? by plover · · Score: 4, Insightful
    Actually, paper receipts are the heart of integrity. They provide the doublechecks to the electronic record, and when the typical contested election degenerates into "we counted x", "no, we counted y", the paper ballots can be trotted out and physically counted by everyone. And these paper records (probably printed on thermal tape) will be sealed inside the machine. Nobody should be able to tamper with them, and there shouldn't be big discussions about hanging chads or pregnant punches.

    Strangely enough, Open Source voting code is far less important to me than the paper ballots themselves. Code correctness is only a small piece of security. First, I personally have no way of seeing into these voting machines to validate that they're running the code they say they're running. Sure, you can show me a printout of "OSVote2008.cpp", but what does that prove? It proves exactly that you have a piece of paper with code on it. It does NOT prove that's the code running inside the machine.

    Or what if it is? What if I have totally trusted, verifiable code running in the typical Windows machine? What's to prevent a virus or other piece of malware inside from hijacking that code and switching enough votes from one candidate to the other to help throw the election?

    Code isn't the answer. Physical tokens (in this case paper records) backed by judges performing spot checks, is ultimately the only trustable way to count an election.

    --
    John
  9. Re:Good and bad by Platinum+Dragon · · Score: 3, Insightful

    "Restoration of voting rights for former felons": Not sure. Is a felon that has served its sentence entitled to the same rights as others?

    A felon that has served his/her punishment, in the form of a sentence, should no longer be considered to have a societal debt. Otherwise, the person is still being punished long after the expiry of the sanction.

    If a person can expect to be punished for the rest of their lives, regardless of the declared sentence length, then there is little reason for that individual to bother working toward rehabilitation. Under that circumstance, an offender may as well embrace the life of an outlaw, since that is how society and the state chooses to treat them regardless of the actual, official punishment.

    Either a person can regain their acceptance by state and society by serving their punishment, or there is no hope of regaining that acceptance, creating an underclass of less-than-citizens. Consider the implications; arguably, this already exists.

    --

    Someday, you're going to die. Get over it.
  10. the problems with last years election by b17bmbr · · Score: 5, Insightful

    the only real problem with last years election is that for most of /.ers, the wrong guy won. the us civil rights commission did two exhaustive studies of florida. guess what? nothing. no fraud, no intimidation, no disenfranchisement. sorry go home. the press did a thorough recount of the ballots. every scenario. guess what. bush still wins. if you want the links, i'll find them, but we're finding voter reg. fraud in ohio, but oops, they'er democratic. and washington state. please. dead people voting, "discovered" ballots, 500 people registered at the same address. recounts until the democrat wins.

    i'm honestly taking sides, because i think there's going to be an amount of chicanery on both sides. but if this is your kool-aid, and you focus on voting problems, a system which has served us for 200 years, then you're living in la la land. the 1960 election was won by fraud. nixon didn't run around the country for years claiming he was robbed, etc. if you're unhappy, how about volunteering next time, as the democrats had to pay campaign workers, while the republicans had 1 million volunteers. oh, and lastly, if you're hanging out at kos, oh nevermind...

    --
    My problem? I was perfectly gruntled, until some numbnuts came by and dissed me.
    1. Re:the problems with last years election by MillionthMonkey · · Score: 4, Insightful

      a system which has served us for 200 years

      What are you talking about? Touchscreen systems coupled to black-box counters have not been around for 200 years, and we will never know who won in any district where they were used. It's not like we weren't saying this before the election either. We can't ever prove the election was stolen, but you'll never prove it wasn't either.

  11. Re:Good and bad by Anonymous Coward · · Score: 3, Insightful

    Is a felon that has served its sentence entitled to the same rights as others?

    I am a felon, technically. I was convicted of a crime I never commited, because I couldn't afford a lawyer and legal aid was turned down because I have a job. I served a year in jail because some drunk woman claimed I beat her. She later recanted (the police assumed she was threatened to do so), and didn't show up at the trial, but it was enough to convict me.

    Felons, guilty or otherwise, should not be punished for the remainder of their life. You may as well leave people in jail if they're going to be punished for ever.

  12. The people will benefit from this but... by grumpygrodyguy · · Score: 3, Insightful

    This bill (The Count Every Vote Act of 2005) corrects many of the problems in the last election...

    As much as I'd like to believe it was a conspiracy that cost us the election, I just see too many redneck wackos with their gun racks and SUVs and 'W the president' stickers to believe that there isn't a very large portion of this country that willingly supports devolving back to the horse and buggy age as quickly as possible.

    --
    The government has a defect: it's potentially democratic. Corporations have no defect: they're pure tyrannies. -Chomsky
  13. Re:Good and bad by Cerv · · Score: 3, Insightful
    "Restoration of voting rights for former felons": Not sure. Is a felon that has served its sentence entitled to the same rights as others?

    If someone has served their sentence then they have "payed thier debt to society", so why shouldn't they be able to vote? It seems to me that allowing ex-cons to fully participate in society would help rehabilitate them. (Though I have nothing other than my gut feeling to back that up.) Disallowing them from ever voting again would seem to send a message that they are not part of society. If society rejects them why shouldn't they reject society?

    Also, if ex-felons form a large enough voting block to swing the outcome of an election, that probaly means there is something deeply wrong with the laws that made them felons in the first place. I seriously doubt that the murderer block vote would ever be large enough to be able to get murder legalised; but those convicted of drugs possession[1] on the other hand might be able to influence drugs laws.

    [1]Is this ever a felony? I'm not up to speed with you crazy foreigners' laws. If not, finding a suitable example is left as an exrecise for the reader.

    --
    sig
  14. Re:Good and bad by cryptoluddite · · Score: 4, Insightful

    "Restoration of voting rights for former felons": Not sure. Is a felon that has served its sentence entitled to the same rights as others?

    How can you now be sure? What part of the Constitution says the goverment can even take away one's right to vote? The 15th amendment states that "The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof".

    So either felons are not people or states are already in violation of the constitution by denying them the right to vote at least for the senate (even while in prison). And what is the problem with felons voting anyway? Maybe they'll vote for people that will repeal the laws that convicted them? For example, maybe the mass of people convicted on drug offenses will vote to end the drug war? Awesome... the drug war is stupid.

    The prison population shouldn't ever be so large that they should really affect the vote anyway. And if felons are ever are that large of a group then God help us all if they can't vote.

  15. Re:This isn't "open source" by mrchaotica · · Score: 4, Insightful

    Increased risk of a machine breakdown is worth it compared to increased risk of widespread vote tampering via a single SQL command!

    Of course, the background check part is a bit dumb -- they should have people audit the code, and run background checks on them. And I hope they mean they just can't tranfer the final copy of the code over the internet; with GPG the internet should be secure (and if it's not, they could just ask the NSA for some help).

    --

    "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  16. Start with Education by bill_mcgonigle · · Score: 4, Insightful

    The only reason corporations have power is that they have lots of money. The only reason lots of money is important is that a trained monkey with lots of money will win over Abe Lincoln with a stack of fliers in the back of a Honda Insight.

    Now, if you had a well-informed populous with sharp critical-thinking skills this wouldn't be the case. But that's not what we have and it isn't.

    So, the only way to get corporations out of politics is to teach children how to reason. Good luck.

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  17. Corporate contributions are already disallowed by Aexia · · Score: 3, Insightful

    They're already illegal.

    The problem isn't contributions; it's that it costs so damn much to run a serious campaign and candidates have to spend 12 hours a day raising money instead of being out campaigning. Why does it cost so much? TV ads!

    We need to reduce the cost of political ads on *our* public airwaves.

    1. Re:Corporate contributions are already disallowed by amRadioHed · · Score: 4, Insightful

      We need to reduce the cost of political ads on *our* public airwaves.

      How about we do one better any just eliminate political ads on our public airwaves. Try as I might, I just can't see any benefit to political commercials. They are full of mudslinging and sound bites that certainly leave the viewer less informed rather then more informed.

      If we could cut the official campaigning down to less then 6 months, but during that time focus on debates and real discussion of issues we would have both better informed voters and cut the cost of the election down by huge amounts.

      --
      We hope your rules and wisdom choke you / Now we are one in everlasting peace
    2. Re:Corporate contributions are already disallowed by ktakki · · Score: 3, Insightful
      How about we do one better any just eliminate political ads on our public airwaves. Try as I might, I just can't see any benefit to political commercials. They are full of mudslinging and sound bites that certainly leave the viewer less informed rather then more informed.

      From a First Amendment standpoint, banning political ads will never happen. Political speech is what the Founding Fathers had in mind when the Bill of Rights was drafted and these ads are, for better or worse, political speech.

      Mudslinging is as old as politics, and it's not going away any time soon. There's a peculiar paradox in the US: voters tell pollsters that they abhor negative campaigning, yet negative campaigning wins elections every time. A politician that refrains from going negative when his opponent does so is a politician that's looking for work in the private sector come November.

      k.
      --
      "In spite of everything, I still believe that people are really good at heart." - Anne Frank
  18. Burden of proof by MillionthMonkey · · Score: 4, Insightful
    Either the election was stolen or it wasn't. Seems that if you cannot prove that it was stolen, it must not have been stolen.

    Others have been having fun extending your logic, and I certainly don't want to be left out:
    • Either you'll die in Texas or you won't. Seems that if you cannot prove you'll die in Texas, you won't die in Texas. So get yourself to Texas right now!
    • Either your wife is pregnant with a girl or a boy. Seems that if you cannot prove she's carrying a boy, you must not be having a boy. So paint the bedroom pink.
    But unlike dying in Texas or having a girl instead of a boy, there's a burden of proof involved here. And you've got it ass-backwards. The burden of proof rests on the state, not the voter. It's not my responsibility to make sure that the machine I vote on isn't stealing my vote. The state bears a fiduciary responsibility to guarantee auditability and transparency to the voter. They must be able to prove to us that our votes were accurately counted. If they cannot prove that the election wasn't stolen, it must be presumed to be stolen, even if we conversely cannot prove that it actually was. The burden of proof is on them, not us.

    They failed at this wherever they introduced Diebold vote counting machines. They had plenty of time to prepare, they had our tax dollars, what did they do with it? They bought pretty black boxes that made voting "fun" even as they removed the auditability of the voting process. Now they can't prove the election wasn't stolen in those districts. Oops. And this will happen again, and again, in future elections, including ones whose outcomes you may not like.

    It's related to the notion of a conflict of interest. The appearance of a conflict of interest is ethically considered to be a conflict of interest. If you're an FDA commissioner, for example, the burden of proof rests on you to prove that your second job at Novartis won't affect your objectivity when approving their pharmaceuticals. If you can't prove it, then the appearance of a conflict of interest remains, which means you've got a conflict of interest and should step down. It's not our job as consumers of FDA-approved drugs to prove that your heart isn't pure and to be on guard whenever we swallow a pill. We pay taxes so that we don't have to worry about that.

    (Merely disclosing your conflict of interest as you take a position- yoo hoo everyone, by the way I may have a conflict of interest in this job I'm about to take- has become fashionable in the past, oh say, four years, but it's not ethical- you shouldn't be accepting a position at all if it places you in a situation where you even appear to have a conflict of interest.)
  19. Welcome to Campaign 2008 by anj · · Score: 3, Insightful

    And the first salvo goes to Candidate H. Clinton.

    Write up a legislative proposal in which most everything sounds good and simple, honest and true. Bury a couple of things in it which are clear attempts at tweaking election results in the favor of the Democrats.

    The real key issues here are the election-day registration, and the votes for felons.

    Election-day registration is, to me, a nightmare of an idea. Without any undeniable proof of citizenship or way to enforce one and only one vote per person, I can envision buses full of illegal aliens being sent from one precinct to another, adding votes for whatever party is paying them. Over the top? Ridiculous? Perhaps... but then, who would have thought we'd have had a local party rep paying people (WITH COCAINE) to fill out batches of bogus voting registration forms? That happened in Ohio in 2004.

    Votes for felons? Well, the current law says they don't have the right to vote. Whether or not that's the right thing to do is certainly debatable. But it's clearly an attempt to generate votes for Democrats -- statistics show that a large majority of felons would likely vote that way.

    If Republicans back the bill, they're giving Democrats a potential (and depending on your views, perhaps unfair) advantage in the next elections. If they don't, the Democrats will make the cry "They're against honest votes!" to the media. Repubs are kinda stuck, since they have no way of doing line-item votes.

    Now... if a politician actually wanted to FIX the system, instead of twist it to their personal favor, we'd resolve the issue of proving citizenship and voting only once. The first is hard, since the US doesn't really have "citizenship papers" like most other countries. The ink-on-the-thumb solution used by the Afghans and Iraqis seemed a pretty simple solution for the second one.